HomeMy WebLinkAboutUSE (A 27-13) 950 Orcutt - Live Entertainment approval
July 11, 2013
Gary Dubois
1469 Lizzie Street
San Luis Obispo
SUBJECT: Use Permit Appl. A 27-13: 950 Orcutt Road
Dear Mr. Dubois:
On Friday, July 8, 2013, I conducted a public hearing on your request for a Use Permit to
allow indoor/outdoor live entertainment in association with the brewery at the above-listed
location.
After reviewing the information presented, I have approved your request, based on the
following findings and subject to the following conditions:
Findings
1. As conditioned, the proposed use will not be detrimental to the health, safety, or
welfare of persons working or living at the site or within the vicinity because the
applicant’s acoustic report has shown noise produced by proposed entertainment
will be equal to or less than existing ambient noise levels, consistent with the Noise
Ordinance.
2. As conditioned, the proposed use is consistent with the General Plan because it
provides a mix of uses to serve nearby residents (LUE 2.2.1).
3. The project is exempt from environmental review under Class 1 (Section 15301),
Existing Facilities of the CEQA Guidelines because the project provides additions
to an existing structure which does not result in an increase of more than 50
percent of the floor area of the structure.
Conditions
Planning
1. Indoor live entertainment shall not be allowed outside the hours of 12:00 p.m. to
10:00 p.m., Sunday through Thursday, and 12:00 p.m. to 12:00 a.m., Friday and
Saturday.
A 27-13 (950 Orcutt Road)
Page 2
2. Outdoor live entertainment shall not be allowed outside the hours of 12:00 p.m. to
10:00 p.m.
3. The proposed use shall operate in accordance with the submitted project
description.
4. Entertainment shall be located in the area specified on floor plans stamped with
Community Development Department approval. Entertainment shall be limited to
the types of entertainment indicated in the applicant’s project description.
5. The applicant shall make reasonable efforts to minimize the potential for adverse
noise and crowd impacts on adjacent establishments and nearby residences,
including, but not limited to, ensuring that all windows and doors are closed during
entertainment.
6. To address complaints and minimize the need for police response to minor issues,
an owner or manager shall be on premises at all times when entertainment is
performed, and shall be available to be contacted by a City representative and/or
adjacent property owner or tenant. The applicant shall provide and regularly
update contact information to the City’s Police, Fire, and Community Development
Departments and adjacent property owners and tenants.
7. The proposed use shall operate in conformance with the City Noise Ordinance
(M.C. Chapter 9.12, Noise Control) to maintain compatibility with the nearby
residences.
8. Loudspeakers shall be positioned so that they are directed downward away from
neighboring properties.
9. Loudspeakers shall not be mounted on towers that raise them higher than six feet.
10. The applicant shall obtain a basic noise meter to make certain sound levels are in
line with those assumed in the acoustic report; levels within the interior of the
brewery shall not exceed 93 decibels (dBA). Levels during outdoor performances
shall not exceed 90 decibels, measured thirty feet from the stage.
11. As shown on plans, the occupant load calculation for indoor and outdoor use areas
shall not exceed the unconcentrated tables/chairs calculation per 2010 California
Building Code table 1004.1.1.
12. The Use Permit shall be reviewed by the Community Development Director for
compliance with conditions of approval, or to determine whether a modification or
revocation of the Use Permit is necessary upon significant change to the business
as represented in the submitted plans/project description and staff report dated
July 8, 2013, or in the event of a change in ownership which may result in deviation
from the project description or approved plans.
A 27-13 (950 Orcutt Road)
Page 3
This use permit shall be reviewed by the Administrative Hearing Officer if the City
receives substantiated written complaints from any citizen, Code Enforcement Officer,
or Police Department employee, that includes information and/or evidence supporting a
conclusion that a violation of this Use Permit, or of City ordinances or regulations
applicable to the property or the operation of the business, has occurred. At the time of
the Use Permit review, to insure on-going compatibility of the uses on the project site,
conditions of approval may be added, deleted, modified, or the permit may be revoked.
The Hearing Officer may refer the complaint to the Planning Commission at his/her
discretion.
My decision is final unless appealed to the Planning Commission within 10 days of the
action. Any person aggrieved by the decision may file an appeal. Appeal forms are
available in the Community Development Department or on the City’s website
(www.slocity.org). The fee for filing an appeal is $273 and must accompany the appeal
documentation.
If you have any questions, please call Marcus Carloni at (805) 781-7176.
Sincerely,
Doug Davidson
Hearing Officer
cc: SLO County Assessor’s Office
Robert L. Henderson, TRE ETAL
600 Taylor Place
Arroyo Grande, CA 93420